[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 8, Ch. 1, of the 1998 Code. Amendments noted where applicable.]
The Village Board may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in § 1-4 of this Code.
A.
Defined. A "health nuisance" is any source of filth or cause of sickness.
No person shall deposit or cause to be deposited in any public
street or on any public ground or on any private property not his/her
own any refuse, garbage, litter, waste material or liquid or any other
objectionable material or liquid. When any such material is placed
on the person's own private property, it shall be properly enclosed
and covered so as to prevent the same from becoming a public nuisance.
A.
Authority.
This section is enacted pursuant to § 66.0407, Wis. Stats.,
and this provision of the Wisconsin Statutes is adopted by reference
and made a part of this section as if set forth here in full.
B.
Noxious
weeds, rank growth and accumulated yard waste prohibited. Every person
shall destroy all noxious weeds and cut all rank growth on real estate
which he or she owns, occupies or controls within the Village. Every
person shall maintain the public right-of-way immediately adjacent
to real estate which he or she owns, occupies or controls within the
Village free and clear of accumulated yard waste.
C.
ACCUMULATED YARD WASTE
DESTROY
NOXIOUS WEEDS
RANK GROWTH
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Accumulated brush, weeds, grass, tree branches, leaves, and
other similar organic matter.
The complete killing of noxious weeds or the killing of weed
plants above the surface of the ground by the use of chemicals, cutting
or tillage, at such time and in such a manner as will keep such plants
below 10 inches in height and will effectively prevent such plants
from maturing to the bloom or flowering state.
Weeds and plants known as thistle, dandelion, leafy spurge,
creeping jenny, pigweed, quack grass and all other forms and types
of weeds and grasses or herbaceous plants which are useless, without
special beauty or growing to the injury of a crop or desired vegetation
or to the disfigurement of a place or underbrush. The term "noxious
weeds" shall not include a crop, vegetables, ornamental or decorative
flowers, shrubs, bushes or plants.
Grasses of any kind more than 10 inches in height.
D.
Notice.
The Weed Commissioner shall annually, on or before May 15, cause to
be posted in at least three conspicuous places in the Village and
published at least once each week for two consecutive weeks in the
official newspaper of the Village, a notice that every person is required
by law to destroy all noxious weeds and cut rank growth, as defined
here, on real estate in the Village which he or she owns, occupies
or controls.
E.
Elimination
of weeds, rank growth and accumulated yard waste by Weed Commissioner.
(1)
The
Weed Commissioner shall investigate the existence of noxious weeds,
rank growth and accumulated yard waste in the Village, and if any
person fails or neglects to destroy noxious weeds, cut rank growth
or timely remove accumulated yard waste as required here, the Weed
Commissioner shall issue a citation from $100 to $1,000 and issue
a one-time only notice for the current growing season giving the property
owner seven days to destroy noxious weeds or cut rank growth.
(2)
The
cost of destruction, cutting and disposal shall be charged to the
property owner at the rate charged by the Village's contractor, together
with an administrative fee of $100 per occasion. These costs are not
to be considered a penalty, but are to reimburse the Village for its
costs in administration and overhead.
(3)
Such
costs shall be certified to the Clerk, specifying by separate items
the amount chargeable to each piece of land, describing the same,
and the Clerk shall enter the amount chargeable to each tract of land
in the next tax roll in a column headed "For Elimination of Weeds
and Rank Growth" as a tax on the lands upon which such weeds were
destroyed or rank growth cut, which tax shall be collected as other
taxes are.
(4)
The
Weed Commissioner and his agents, representatives and employees may
enter on any real estate in the Village on which any noxious weeds
or rank growth are present, and cut or otherwise destroy them without
being liable to an action for trespass or any other action for damages
resulting from such entry and destruction, if reasonable care is exercised
in the performance of the duties imposed here.
A.
NATURAL LAWN
NATURAL LAWN MANAGEMENT PLAN
NEIGHBORING PROPERTY OWNERS
PROPERTY OWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed 10 inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 288-4 of this chapter.
A written plan relating to the management and maintenance
of a lawn which contains a legal description of the lawn upon which
the planted grass will exceed 10 inches in length, a statement of
intent and purpose for the lawn, a detailed description of the vegetational
types, plants and plant succession involved, and the specific management
and maintenance techniques to be employed.
All those property owners who are located within 300 feet
of the proposed natural lawn site.
Includes the legal title holder and/or the beneficial owner
of any such lot according to most current Village records.
B.
Plan and permit required. The growth of a natural lawn in excess
of 10 inches in height from the ground surface shall be prohibited
within the Village of Brandon corporate limits unless a natural lawn
management plan is approved and a permit is issued by the Village
as set forth in this section. Natural lawns shall not contain litter
or debris and shall not harbor undesirable wildlife.
C.
Natural lawn management plan.
(1)
Property owners who wish to plant and cultivate a natural lawn must
submit their written plan and related information to the Village.
Natural lawn management plans shall only indicate the planting and
cultivating of natural lawns on property legally owned by the property
owner. Applicants are strictly prohibited from developing a natural
lawn on any Village-owned property, including street rights-of-way.
This shall include, at a minimum, property located between the sidewalk
and the street or a strip not less than 10 feet adjacent to the street
where there is no sidewalk, whether the area is under public or private
ownership.
(2)
In addition, natural lawns shall not be permitted within 10 feet
of the abutting property owner's property unless waived, in writing,
by the abutting property owner on the side so affected. Such waiver
is to be affixed to the natural lawn management plan. Such waiver
may be revoked, in writing, by the abutting property owner at a later
time, a copy to be filed with the permittee and the Village Clerk.
(3)
Any subsequent property owner who abuts an approved natural lawn
may revoke the waiver, thereby requiring the owner of the natural
lawn to remove the natural lawn that is located in the ten-foot section
abutting the neighboring property owner. Such revocation shall be
put in writing and presented to the Village Clerk by the subsequent
abutting property owner. Upon receiving the written request to revoke
the original waiver, the Village Board shall contact the owner of
the approved natural lawn and direct the owner to remove the natural
lawn located in the ten-foot section abutting the neighboring property
owner. The Village Board shall revise the approved natural lawn management
plan accordingly. The owner of the approved natural lawn shall be
required to remove the ten-foot section abutting the neighboring property
owner within 20 days of receipt of the written notification from the
Village, provided that the notification is received sometime between
May 1 and November 1. Property owners who receive notification from
the Village between November 1 and April 30 shall be required to remove
the ten-foot section abutting the neighboring property owner no later
than May 20 following receipt of the notification.[1]
D.
Application process.
(1)
Property owners interested in applying for permission to establish
a natural lawn shall file an application with the Village Clerk. The
completed application shall include a natural lawn management plan.
Upon submitting a completed application, a nonrefundable filing fee
as set by the Village Board will be assessed by the Village. Upon
receiving payment, copies of the completed application shall be mailed
by the Village to each of the owners of record, as listed in the office
of the Village Assessor, who are owners of the property situated wholly
or in part within 300 feet of the boundaries of the property for which
the application is made. If within 15 calendar days of mailing the
copies of the complete application to the neighboring property owners
the Village receives written objections from 51% or more of the neighboring
property owners, the Village Clerk shall deny the application.[2]
(2)
If the property owner's application is in full compliance with
the natural lawn management plan requirements and less than 51% of
the neighboring property owners provide written objections, the Village
Clerk shall issue permission to install a natural lawn. Such permit
shall be valid for two years. Permit renewals shall follow the procedures
in this section.
E.
Application for appeal. The property owner may appeal the Clerk's
decision to deny the natural lawn permit request to the Village Board
at an open meeting. All applications for appeal shall be submitted
within 15 calendar days of the notice of denial of the natural lawn
permit. The decision rendered by the Village Board shall be final
and binding.[3]
F.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Chief of the Fire Department serving
the Village of Brandon, the presence of a natural lawn may constitute
a fire or safety hazard due to weather and/or other conditions, the
Fire Chief may order the cutting of natural lawns to a safe condition.
As a condition of receiving approval of the natural lawn permit, the
property owner shall be required to cut the natural lawn within three
days upon receiving written direction from the Fire Chief.
(2)
Natural lawns shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance
techniques in the natural lawn management plan and appropriate Village
open burning permits have been obtained. The Fire Chief shall review
all requests to burn natural lawns and shall determine if circumstances
are correct and all applicable requirements have been fulfilled to
ensure public safety. Burning of natural lawns shall be strictly prohibited
unless a written permit to burn is issued by the Fire Chief. The Fire
Chief shall establish a written list of requirements for considering
each request to burn natural lawns, thereby ensuring the public safety.
In addition, the property owner requesting permission to burn the
natural lawn shall produce evidence of property damage and liability
insurance identifying the Village as a party insured. A minimum amount
of acceptable insurance shall be $300,000.
G.
Revocation of an approved natural lawn permit. The Village President,
upon the recommendation of the Weed Commissioner, shall have the authority
to revoke an approved natural lawn permit if the owner fails to maintain
the natural lawn or comply with the provisions set forth in this section.
Notice of intent to revoke an approved natural lawn permit shall be
appealable to the Village Board. All applications for appeal shall
be submitted within 15 calendar days of receipt of the written notice
of intent to revoke the approved natural lawn permit. Failure to file
an application for appeal within 15 calendar days shall result in
the revoking of the natural lawn permit. All written applications
for appeal filed within the fifteen-calendar-day requirement shall
be reviewed by the Village Board in an open meeting. The decision
rendered by the Village Board shall be final and binding.[4]
H.
Public nuisance defined; abatement after notice.
(1)
The growth of a natural lawn as defined in this section shall be
considered a public nuisance unless a natural lawn management plan
has been filed and approved and a permit is issued by the Village
as set forth in this section. Violators shall be served with a notice
of public nuisance by certified mail to the last known mailing address
of the property owner.
(2)
If the person so served with a notice of public nuisance violation
does not abate the nuisance within 10 days, the enforcement officer
may proceed to abate such nuisance, keeping an account of the expense
of the abatement, and such expense shall be charged to and paid by
such property owner. Notice of the bill for abatement of the public
nuisance shall be mailed to the owner of the premises and shall be
payable within 10 calendar days from receipt thereof. Within 60 days
after such costs and expenses are incurred and remain unpaid, the
Village Clerk shall enter those charges onto the tax roll as a special
tax as provided by state statute.
(3)
The failure of the Village Clerk to record such claim or to mail
such notice or the failure of the owner to receive such notice shall
not affect the right to place the Village expense on the tax rolls
for unpaid bills for abating the public nuisance as provided for in
this section.
I.
Penalty.
(1)
Any person, firm or corporation who or which does not abate the nuisance within the required time period or who or which otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-4 of this Code.
A.
When required. Whenever a sewer or water main becomes available to
any building used for human habitation, the owner of the property
upon which the building is located shall connect the building to such
main or mains in the manner prescribed by law, except the Village
Board may defer connection to such water or sewer main or mains for
those properties which have existing septic systems or wells whose
construction was permitted by the Village of Brandon, but such deferment
shall not exceed five years from the date of installation of such
main or mains.
B.
Notice. Whenever a sewer or water main becomes available to any building
used for human habitation, the Building Inspector shall notify the
owner or his/her agent, in writing, by registered mail addressed to
the last known address of the owner or his/her agent.
C.
Building Inspector may cause connection at expense of owner. If the
owner or his/her agent fails to comply with the notice of the Building
Inspector within 10 days of service or mailing thereof, the Building
Inspector may cause connection to be made and the expense thereof
shall be assessed as a special tax against the property.
D.
Privies, cesspools, etc., prohibited after connection with sewer.
After connection of any building used for human habitation to a sewer
main, no privy, cesspool or waterless toilet shall be used in connection
with such human habitation.
A.
Inspections.
(1)
Whenever the Building Inspector, Fire Inspector or other authorized
Village official shall, upon inspection of any premises within the
Village of Brandon, find that there is deposited, placed, stored or
remaining on said premises any garbage, junk, rubbish, rubble or trash,
abandoned, outmoded, or non-salable merchandise or parts, construction
materials, rotting yard and orchard waste, accumulation of grease
or food wastes in a grease trap or other place or depository which
presents a risk of clogging or blocking a sewer system, or any other
unhealthy, hazardous or unsightly materials or things which create
a fire or health hazard, or which are detrimental to the appearance,
neatness and cleanliness of the immediate neighborhood or the Village
of Brandon in general, such official shall issue his/her written order
to the owner and/or occupant of the premises to remove said garbage,
junk, rubbish, rubble or trash, abandoned, outmoded, or non-salable
merchandise or parts, construction materials, rotting yard and orchard
waste, accumulation of grease or food wastes in a grease trap or other
place or depository which presents a risk of clogging or blocking
a sewer system, or other unhealthy, hazardous or unsightly materials
or things.[1]
(2)
Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
(3)
Prosecution of violators under this section shall not preclude other
enforcement actions allowed by law, including other actions under
this Code.
B.
Appeal. Any person feeling himself/herself aggrieved by any order
of a Village official under this section may, within 10 days from
the date of receipt of such order, appeal such order to the Village
Board.
C.
Exceptions. Nothing contained in this section shall be construed
to prohibit the depositing of rubbish, rubble, junk, trash, abandoned,
outmoded or non-salable merchandise or parts or unsightly materials
or things which are:
D.
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of Chapter 485, Zoning, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT HARBORAGE
RODENTPROOF CONTAINER
RODENTPROOFING
Definitions. The following definitions shall be applicable in this
section:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the Village,
as executor, administrator, trustee, guardian or agent, such person
or persons shall be deemed and taken to be the owner or owners of
such property within the true intent and meaning of this section and
shall be bound to comply with the provisions of this section to the
same extent as the owner, and notice to any such person of any order
or decision of the Building Inspector or his/her designee shall be
deemed and taken to be a good and sufficient notice as if such person
or persons were actually the owner or owners of such property, except
that whenever an entire premises or building is occupied as place
of business, such as a store, factory, warehouse, rooming house, junkyard,
lumber yard or any other business under a single management, the person,
firm or corporation in charge of such business shall be considered
the owner or manager.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container such as doors shall be tight
fitting to prevent the entrance of rodents.
Consists of closing openings in building foundations and
openings under and around doors, windows, vents and other places which
could provide means of entry for rodents with concrete, sheet iron,
hardware cloth or other types of rodentproofing material approved
by the Village.
B.
Elimination of rodent harborages. Whenever accumulations of rubbish,
boxes, lumber, scrap metal, car bodies or any other materials provide
rodent harborage, the person, firm or corporation owning or in control
of such materials shall cause the materials to be removed, or the
materials shall be stored so as to eliminate the rodent harborage.
Lumber boxes and similar materials shall be neatly piled. These piles
shall be raised at least a foot above the ground. When the owner of
the materials cannot be found after a reasonable search, the owner
or manager of the premises on which the materials are stored shall
be responsible for disposal, or proper piling, of the materials.
C.
Elimination of rodent feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials that may serve
as a food for rodents in a site accessible to rodents. Any waste material
that may serve as food for rodents shall be stored in rodent-proof
containers. Feed for birds shall be placed on raised platforms, or
such feed shall be placed where it is not accessible to rodents.
D.
Extermination. Whenever rodent holes, burrows or other evidence of
rodent infestation are found on any premises or in any building within
the Village, it shall be the duty of the owner or manager of such
property to exterminate the rodents or to cause the rodents to be
exterminated. Within 10 days after extermination, the owner or manager
shall cause all of the rodent holes or burrows in the ground to be
filled with earth or other suitable material.
E.
Rodentproofing. It shall be the duty of the owner or manager of any
building in the Village of Brandon to make such building reasonably
rodentproof, to replace broken basement windows and, when necessary,
to cover the basement window openings with hardware cloth or other
suitable material for preventing rodents from entering the building
through such window openings.
A.
Purpose and intent. The purpose of this section is to promote the
recycling of yard wastes and certain kitchen wastes through composting
and to establish minimum standards for proper compost maintenance.
B.
COMPOST
KITCHEN WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter), bushes,
shrubs, plants, leaves and garden debris.
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
C.
Maintenance. All compost piles shall be maintained using approved
composting procedures to comply with the following requirements:
(1)
All compost piles shall be enclosed in a freestanding compost bin.
Each compost bin shall be no larger in volume than 125 cubic feet
and shall be no taller than 42 inches.
(2)
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the Village to proceed under § 288-8.
(3)
All compost bins shall be so maintained as to prevent unpleasant
odors.
(4)
No compost bin shall be allowed to deteriorate to such condition
as to be a blighting influence on the surrounding property or neighborhood
or the Village in general.
(5)
Setback.
(a)
All compost bins shall be located not less than three feet from
a property line or principal building or dwelling and three feet from
any detached accessory building.
(b)
A variance from these setback requirements may be applied for
if the property owner(s) can show a hardship exists which prohibits
compliance. In addition, any variance application must include a signed
written approval of the variance request from the adjacent property
owner(s). Variances can be granted by the Building Inspector on an
annual basis upon the proper application being submitted by the property
owner(s). Screening and/or fencing of compost bins may be required
as a condition of a variance being granted.
(7)
Those composting bins which existed prior to the adoption of this
section shall be given one year to comply with the requirements set
forth herein.
E.
Owner responsibility. Every owner or operator shall be responsible
for maintaining all property under his or her control in accordance
with the requirements of this section.
F.
Municipal exception. Any municipal composting site maintained by
the Village shall be exempt from the provisions of this section.
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the Village and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the Village Board, every house
shall have a sump pump installed for the purpose of discharging clear
waters from foundation drains and ground infiltration and where the
building is not serviced by a storm sewer shall either discharge into
an underground conduit leading to a drainage ditch, gutter, or dry
well or shall discharge onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains from any mechanical
device, gutters, pipe, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the Village to
discharge clear waters from a parcel of land, a storm sewer lateral
shall be installed and connected to the storm sewer main at the expense
of the owner.
F.
Conducting tests. If a designated Village agent suspects an illegal
clear water discharge as defined by this section or by any other applicable
provision of the Wisconsin Administrative Code as it may, from time
to time, be amended, he/she may, upon reasonable notice and at reasonable
times, enter the private premises where such illegal clear water discharge
is suspected and conduct appropriate tests to determine whether such
suspected illegal clear water discharge actually exists. In addition,
Village inspectors may inspect for illegal clear water discharges
as a part of a routine inspection without cause.
